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Judge rules trans teacher’s lawsuit against P.G. County can go to trial

Gay man files separate case charging discrimination

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Jennifer Eller, gay news, Washington Blade
Jennifer Eller alleges the P.G. County school system subjected her to discrimination and harassment. (Photo courtesy of Lambda Legal)

A federal judge in Maryland issued a ruling on Tuesday, Jan. 18, clearing the way for a lawsuit filed by transgender former English teacher Jennifer Eller in 2018 charging the Prince George’s County, Md., Public Schools with discrimination and harassment based on her gender identity to proceed to a trial.

In the ruling, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland denied key parts of several motions filed by attorneys representing the P.G. County Public Schools that in effect called for the dismissal of the lawsuit. The motions, among other things, claimed the lawsuit failed to provide sufficient evidence that Eller was subjected to discrimination and harassment, which forced her to resign due to a hostile work environment.

Chuang also ruled against a separate motion introduced by Eller’s attorneys calling for him to issue a summary judgement decision affirming all the lawsuit’s allegations that would have ended the litigation in Eller’s favor without the need to go to trial.

Eller’s lawsuit charges that school officials acted illegally by failing to intervene when she was subjected to a hostile work environment for five years that included abuse and harassment by students, parents, fellow teachers, and supervisors and retaliation by school administrators.

The lawsuit alleges that the school system and its administrators in its actions against Eller violated Title VII of the U.S. Civil Rights Act of 1964, Title IX of the federal Education Amendments Act of 1972, the Equal Protection Clause of the U.S. Constitution, the Maryland Fair Employment Practices Act, and the nondiscrimination provision of the Prince George’s County Code.

“We think the judge did as best he could,” said Omar Gonzales-Pagan, an attorney with the LGBTQ litigation group Lambda Legal, which, along with the D.C. law firm Arnold & Porter, are representing Eller in her lawsuit.

“The takeaway is that the case is now in a posture to proceed to trial,” Gonzales-Pagan told the Washington Blade. “The court found that the alleged facts and the information as discovered throughout the case in the discovery process is sufficient to allow a jury to find whether Jennifer Eller was subjected to a hostile work environment and constructive discharge and retaliation unlawfully by the defendants,” he said.

By the term constructive discharge, Gonzales-Pagan was referring to the lawsuit’s charge that Eller was forced to resign from her teaching job in 2017 after being diagnosed with post-traumatic stress disorder due to the alleged abuse she faced on the job.

P.G. County Public Schools officials have declined to comment on the lawsuit on grounds that the school system has a longstanding policy of not discussing pending litigation. However, in its response to the lawsuit in court filings, school system officials have denied Eller’s allegations of discrimination, harassment, and retaliation.

“For years, I was aggressively misgendered, attacked and harassed in the hallways and even in my own classroom by students, peers and supervisors,” Eller said in a statement released by her attorneys.

“My pleas for help and for sensitivity training on LGBTQ issues for students and staff, were ignored,” Eller said in her statement. “The relentless harassment stripped me of the joy of teaching and forced me to resign,” she said. “It is time for Prince George’s County Public Schools to be held accountable.”

The lawsuit says the harassment and discriminatory action against her began in 2011 when she began presenting as female during the school year. It says school officials initially responded to her complaints about the harassment by demanding that she stop dressing as a woman and return to wearing men’s clothes, which she refused to do.

In a separate action, gay former Spanish teacher Jared Hester filed on his own without an attorney a lawsuit in the Maryland federal court charging the P.G. County Public Schools with failing to take action to prevent him from being subjected to discrimination and harassment similar to some of the allegations made in Eller’s lawsuit.

Hester told the Blade that he was subjected to harassment by students who repeatedly called him “faggot,” but school officials, including the principal of the middle school where he taught, refused to take action to stop the harassment.

He provided the Blade with copies of earlier complaints he filed against school system officials with the U.S. Equal Employment Opportunity Commission (EEOC), the Maryland Commission on Civil Rights, and the P.G County Public Schools’ internal Office of Equity Assurance. Each of the three agencies issued rulings against Hester’s complaints, with two of them saying sufficient evidence could not be found to support his allegations.

The EEOC, in a Nov. 3, 2021 “dismissal” notice, told Hester the EEOC “will not proceed further with its investigation, and makes no determination about whether further investigation would establish violations of the statute.” The notice added, “This does not mean the claims have no merit” or that the respondent, meaning the P.G. County Public Schools, “is in compliance with the statutes.”

The notice did not give a reason for why it chose to end its investigation into Hester’s complaint, but it said his filing with the EEOC cleared the way for him to file a lawsuit to further his case against the school system. 

Hester told the Blade he reached out to Lambda Legal to represent him in his lawsuit, but the LGBTQ litigation group declined to take on his case without giving a reason. Gonzalez-Pagan, the Lambda attorney working on the Eller case, said he was unfamiliar with Hester’s request for representation. Another Lambda official couldn’t immediately be reached to determine the reason for its decision not to represent Hester.

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Maryland

Hate crime charges dropped against most Salisbury students in off-campus attack

Suspects allegedly used Grindr to target victim

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Students walk outside the Guerrieri Academic Commons at Salisbury University, where 15 students were charged in an off-campus attack. (Photo by Wesley Lapointe of the Baltimore Banner)

BY MIKE HELLGRIN, CHRISTIAN OLANIRAN, AND ELLIE WOLFE | Prosecutors in Wicomico County are dropping felony assault and hate crime charges against at least 12 of the 15 Salisbury University students charged in an off-campus attack in October.

Misdemeanor false imprisonment and second-degree assault charges remain for most of the defendants, and many trials are set for late January.

The rest of this article can be read on the Baltimore Banner’s website.

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Maryland

Man sentenced for raping trans woman at gunpoint in Baltimore County, filming sexual assault

Jalen Green, 23, pleaded guilty to Feb. 11 attack

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Baltimore County Circuit Judge Nancy M. Purpura on Nov. 20, 2024, sentenced Jalen Green, of Northwest Baltimore, on charges of first-degree rape and use of a firearm during the commission of a crime of violence to life with all time suspended but 10 years in prison. (Photo by Ulysses Muñoz of the Baltimore Banner)

BY DYLAN SEGELBAUM | A man who forced his way into a home in Baltimore County, raped at gunpoint a transgender woman and filmed the sexual assault was ordered Wednesday to serve 10 years in prison.

Baltimore County Circuit Judge Nancy M. Purpura described the crime that Jalen Green committed as an “absolutely brutal offense.”

The rest of this article can be read on the Baltimore Banner’s website.

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Maryland

At Salisbury University, an alleged hate crime shakes LGBTQ students’ sense of safety

Authorities have charged 12 men in connection with attack

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Supporters participate in a march organized by Salisbury University LGBTQ groups almost a month after an alleged hate crime took place. (Photo by Wesley Lapointe for the Baltimore Banner)

BY ELLIE WOLFE | Gigi Levin said she wasn’t particularly shocked when she heard a group of her classmates had been accused of luring a gay man to an apartment and attacking him.

“This is a problem rooted in our campus culture,” said Levin, a 24-year-old Salisbury University student from Montgomery County. “The administration can help, but ultimately we are responsible for our safety as LGBTQ+ students.”

Levin was one of the first to arrive at a vigil on Monday afternoon, planned by an LGBTQ faculty group after University President Carolyn Ringer Lepre announced in an email to the campus last week that several students been arrested. The Salisbury Police Department charged 12 men, all students between 18 and 21, with first-degree assault, false imprisonment, reckless endangerment and associated hate crimes.

The rest of this article can be read on the Baltimore Banner’s website.

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